05-22-2001 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, May 22, 2001
Wylie Municipal Complex— Council Chambers
2000 State Highway 78 North
Council Present:Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue,
Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout.
Staff Present: Mindy Manson, Assistant City Manager: Brady Snellgrove, Finance Director; Claude Thompson,
Planner and Barbara Salinas, City Secretary.
Reverend John Thornton of the Wylie..:::nitMet Methodist p.... oca na un .._. Hogue
Wylie United et od Church provided theInvocationandCouncilman
was asked to lead the Pledge of Allegiance.
The Mayor and Mayor Pro Tern recognized the Star Students for their exemplification of the character trait
Accountability. Those students present were as follows: Justin Hollingsworth from Dodd Elementary; Logan
Skipworth from Hartman Elementary and Angela Kim from Birmingham Elementary. Those unable to attend,but
recognized were, Sommer Star from Akin Elementary; T.J. Savant from the Wylie Intermediate School; Dafni
Gifford from the Wylie Junior High;Deena Dunderdale and Trace Dennis from the Wylie High School.
The Mayor then called for a brief recess before adjourning into the posted Work Session.
Presentation to the City Council by Park Master Plan Consultants.
Wallace,Roberts and Todd—Presentation by Ken Howell,Bert Hoffman and Julie Luther.
Assistant City Manager Ms. Mindy Manson provided Council a brief introduction as to the purpose and intent of
the Park Master Plan.
Representatives from the Consulting Finn of Wallace Roberts and Todd made their presentation to the Council
describing in detail Project Organization, Finn Philosophy, Experience and Park Planning Process and
Methodology. They also presented a work history from areas they have assisted with the development of their
Park Master Plans, including Flower Mound. Galveston, Little Rock, Arkansas, Chattanooga, Tennessee and the
Collin County Parks and Open Space Master Plan. They explained the key issues including, growth,preservation,
property values, current lack of parks and open space, connectivity to surrounding communities, integration with
Comprehensive Plan and with the Collin County Parks and Open Space Plan. There was discussion on the
importance of Public Participation as it relates to the development of the plan by conducting stakeholder
interviews, surveys, workshops and community meetings. The time frame was also addressed, with a projected
completion date in December of 2001, if the project were started in July. It was noted that if the public is
involved with input and hearings, the completion date might be extended approximately two months.
They concluded their presentation by emphasizing the project opportunities for Wylie and the strengths of
theWallace Roberts and Todd team, if awarded this project.
Minutes of May 112,2001
Wylie City Council
Page 1
Carter-Burgess—Presentation by Julie McCall
Ms. McCall made her presentation to the Council with emphasis on the firm's experience in the development of
Parks, Recreation and Open Space Master Plans citing nineteen Texas communities as previous projects. It was
noted that their firm is the only firm in the state of Texas which has prepared nine Parks, Recreation and Open
Space Master Plans approved by the Texas Parks and Wildlife Department under their new criteria.
Ms. McCall based her presentation primarily on Grant Funding, listing projects dating from 1990 and providing
Council with detail on the grant funding process including the project scoring system listing balance and wide
variety of opportunities, water related opportunities where feasible, maximize use of funds, opportunities for low
income, minority, elderly and youth at risk citizens, improve cooperative efforts between providers, other entities
and the private sector, promotion of conservation, renovation of obsolete areas and facilities, greenbelt and linear
linkages and encourage appreciation and preservation of resources.
Ms. McCall also provided the local Master Plan standard requirements including proof of adoption,jurisdiction
wide-planning,time period for implementation and details of the plan content.
Ms. McCall detailed the scope of the planning services in two phases. Phase 1 includes Inventory/Market
Analysis and Phase 2 included the Parks. Recreation and Open Space Master Plan. She also discussed the use of
focus groups, public meetings and survey formats as well as the organizational chart to include the City, a Task
Force Advisory Committee, Carter& Burgess and National Service Research. Ms. McCall estimated time frame
for completion is approximately nine to twelve months.
After a brief recess, the Mayor then reconvened into Regular Session at 7:45 p.m.
A. Approval of the Minutes from the May 8,2001 Regular Meeting.
B. Consider and act upon repealing Ordinance No. 93-55 prohibiting smoking in the Municipal Complex
and approving regulations prohibiting smoking and the use of tobacco products in municipal buildings,
facilities and vehicles.
Councilman Scott asked that the minutes stand corrected by reversal of the names for the Invocation and the
Pledge of Allegiance. With no further comment or corrections,Councilman Scott made a motion to approve Items
A and B of the Consent Agenda. Councilman Hogue seconded the motion. A vote was taken and the motion was
approved, 7-0.
ITEMS IIV 1M ONSD RAflON A D A ``' .:: ..
1. Consider and act upon the selection of a Consultant for the preparation of the Park Master Plan.
Councilman Scott made a motion to table Item No. 1 until the regular meeting of June 12, 2001. Councilwoman
Allen seconded the motion. A vote was taken and the motion was approved, 7-0.
Councilman Scott made a motion to remove both Items No. 2 and 3 from the Table for discussion and action.
TABLED ITEMS—Public Hearings
2. Hold a public hearing to consider and act upon approval of a request for a change in zoning from
Agriculture (A) District to Planned Development (PD) District for Single Family Residential uses,
generally located west of Country Club Road (FM 1378) and north of McMillen Road (CR 298),
being a 99.814 acre tract of land conveyed by deed from Plano-Wylie Road Limited to Frederick
Veninga, trustee as recorded in Volume 8783, Page 628 of the Collin County Deed Records, and
being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County,
Texas. (Zoning Case 2001-02)
Minutes of May12,2001
Wylie City Council
Page 2
Mr. Claude Thompson, Planner, addressed this item providing Council with a brief background on the request.
This item had come before Council at their regular meeting of May 8, 2001 at which time it was tabled until the
May 22, 2001regular meeting.
Mr. Thomson stated that at the April 17 regular meeting of the Planning and Zoning Commission, the Commission
voted 4-1 to approve the zone change request with the stipulation that the lot widths be changed to 73' and the side
yards changed to 8.5'. Mr. Richard Host, Tipton Engineering was present representing the applicant. He stated
that they have been working with the Commission and at Council's request provided a brief description of the
amenity center and facility.
The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of
the zone change request to please come forward, stating their name and address for the record and limiting their
comments to three minutes. With no response the Mayor then closed the public hearing.
Councilman Worley made a motion to approve the request for a change in zoning from Agriculture(A) District to
Planned Development (PD) District for Single Family Residential uses, generally located west of Country Club
Road(FM 1378)and north of McMillen Road(CR 298),being a 99.814 acre tract of land conveyed by deed from
Plano-Wylie Road Limited to Frederick Veninga. trustee as recorded in Volume 8783, Page 628 of the Collin
County Deed Records,and being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin
County, Texas. (Zoning Case 2001-02) with the recommendations of the Planning and Zoning Commission.
Councilman Young seconded the motion. A vote was taken and the motion was approved, 7-0.
3. Hold a public hearing to consider and act upon approval of a request for a Specific Use Permit for
a Commercial Amusement/Indoor, located at 600 North State Highway 78, being a 0.0413 acre
portion of Lots lA and 2A, Block B of the Railroad Addition, City of Wylie, Collin County, Texas.
(Zoning Case 2001-03)
Claude Thompson, Planner, provided Council with a brief background on the request. This item had come before
Council at their regular meeting of May 8, 2001 at which time it was tabled until the May 22, 200'regular
meeting.
Mr. Thomson stated that the applicant is requesting for a Specific Use Permit (SUP) for the installation and
operation of a Indoor Commercial Amusement center. He stated that of the fourteen Public Comment forms
mailed to property owners within 200' of the request,eight forms were returned, seven or 50%were in opposition.
He stated that Section 211.006(d) of the Local Government Code requires the affirmative vote of at least three-
fourths of all members of the governing body to approve a proposed change in zoning when such change is
protested by at least 20%of the land owners within the 200 feet notification area. Mr.Thompson stated that at the
April 17, 2001 regular meeting of the Planning and Zoning Commission, they voted 5-0 to deny the SUP due to
insufficient parking.
Mr.Thomson stated that the current parking is not sufficient to serve both the proposed game room and the current
tenants of the retail center. Current parking accommodates 69 spaces, with current tenants requiring 69. The
proposed game room would require an additional 30 spaces. Mr. Thompson stated that the applicant was present
to address any questions of Council.
There was some discussion with regard to the number of access drives to State Highway 78, and the future
possibility of some road closings,although those closing have not been identified.
The applicant, 4400 Walnut, Suite 413. Garland, Texas. 75040 was present to address any concerns of the Council.
She provided a brief description of the intent of the amusement center. She stated that they felt the parking issue
would not be problem due to the fact that the donut shop would only require parking during the morning and they
intended to move the dumpster to make additional parking space. She also added that the game room would be
restricted to ages 18 and above.
Minutes of May12,2001
Wylie City Council
Page 3
The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of
the request for a Specific Use Permit to please come forward, stating their name and address for the record and
limiting their comments to three minutes. With no response the Mayor then closed the public hearing.
Councilman Trout made a motion to deny the request for a Specific Use Permit for a Commercial
Amusement/Indoor, located at 600 North State Highway 78,being a 0.0413 acre portion of Lots 1A and 2A,Block
B of the Railroad Addition, City of Wylie, Collin County, Texas. (Zoning Case 2001-03). Councilman Scott
seconded the motion. A vote was taken and the motion to deny was approved, 7-0.
4. Consider and act upon a Final Plat for the Twin Lakes Phase IV Addition, including a partial
waiver of alleys, generally located south and north of Alanis Drive and east of South Ballard
Avenue (FM 2514), to the east of Twin Lakes Phase I, being all of a certain 32.782 acre tract
situated in the Allen Atterberry Survey,Abstract No. 23,City of Wylie,Collin County,Texas.
Mr. Claude Thompson, Planner, addressed this item providing Council with a brief background on the Final Plat
and Alley waiver request. Mr. Thomson stated that at the May 15, 2001 regular meeting of the Planning and
Zoning commission,the Commission voted 7-0 in favor of the Final Plat,with removal of the alley north of Alanis
and adjoining Phase III.
Councilman Worley made a motion to approve the Final Plat for the Twin Lakes Phase IV Addition, including a
partial waiver of alleys, generally located south and north of Alanis Drive and east of South Ballard Avenue (FM
2514), to the east of Twin Lakes Phase I, being all of a certain 32.782 acre tract situated in the Allen Atterberry
Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Councilwoman Allen seconded the motion. A
vote was taken and the motion was approved. 7-0.
5. Consider and act upon a waiver of alleys and a Final Plat for the Harvest Bend Phase II Addition,
generally located southeast of Parker Road (FM 2514) and north of the Harvest Bend Phase I
Addition, being all of a certain 16.371 acre tract situated in the W.D. Penny Survey, Abstract No.
696,City of Wylie,Collin County,Texas.
Mr. Claude Thompson, Planner provided Council with a brief background on the Final Plat and Alley waiver
request. Mr.Thompson stated that at the May 1, 2001 Planning and Zoning Meeting,the Commission voted 6-0 to
approve the Final Plat and alley waiver with the following conditions.
• The perimeter screen note be revised to require that an 8-foot wood board or board fence between masonry
columns, spaced approximately 100-feet on center be installed to the inside of the live screen hedge, and that
the live screen be other than Red Tip Photinia.
• Both fence and hedge to be located on private property and installed by the developer and maintained by the
private property owner.
Mr. Thompson explained that the Final Plat for Phase II of the Harvest Bend Addition includes 16.371 acres and
will create 67 lots. The property is zoned Single-Family Residential — 3 (SF-3), requiring a minimum lot size of
7,200 square feet. The Preliminary Plat for the overall Harvest Bend Addition was approved by the City Council
in October of 1998. A Final Plat for Phase I was approved by the Council and filed with the County in May of
2000, and is currently being developed for Single-Family — 3 Residential (SF-3) lots of a minimum 7,200 square
feet. That 1998 Preliminary Plat did not include alleys and Phase I was accepted and is being developed without
alleys.
Mr. Thompson stated that the development of Phase I of Harvest Bend required a significant amount of off-site
sanitary sewerage, including the construction of an additional pump station, at the expense of the developer,
because the City system was inadequate to support the development at the time. This additional system is, in part,
already installed within the street rights-of-way to be created and dedicated to the City within the subject Phase II.
The pump station is to be dedicated to the City as Lot 19A of Block B of the Phase II.
Minutes of May12,2001
Wylie City Council
Page 4
Section 2.9 of the Paving Standards states that"Alleys shall be provided in all residential areas and shall be paved
with concrete. The City Council may waive the residential alley requirement upon determination by the Council
that it is in the best interest of the City." The applicant contends that the City Council specifically granted a
waiver of alleys for both Phases. However, neither the City staff nor the applicant has been able to document the
issuance of such an alley waiver. The applicant is requesting a waiver of the alley requirement and approval of the
subject Final Plat of Phase II.
One consideration was that alleys were not anticipated in either the approved overall Preliminary Plat that includes
the subject phase or the accepted and filed Final Plat for Phase I. It is the conclusion of staff, that the addition of
alleys at this stage of review, while required by the code, will be contrary to the spirit and philosophy of the earlier
reviews and approvals and will result in a significant reduction in the number of lots created by this Phase,as well
as the disruption of the water and sanitary sewer facilities already installed, and will thereby create an undue
hardship on the City as well as the applicant.
Mr. Thompson stated that staff is recommending approval of the Final Plat without alleys.
Councilman Scott made a motion to approve the waiver of alleys and Final Plat for the Harvest Bend Phase II
Addition, generally located southeast of Parker Road (FM 2514) and north of the Harvest Bend Phase I Addition,
being all of a certain 16.371 acre tract situated in the W.D. Penny Survey, Abstract No. 696, City of Wylie, Collin
County, Texas, with the stipulations as set forth by the Planning and Zoning Commission. Councilman Worley
seconded the motion. A vote was taken and the motion was approved, 7-0.
6. Consider and act upon a waiver of alleys and a Final Plat for the Cimarron Estates Phase I
Addition, including variances to the requirements for alleys and thoroughfare screening, generally
north of Brown Street, east of Kreymer Lane and east of the Wylie Ranch East Phase I Addition,
being all of a certain 54.336 acre tract situated in the Francisco de la Pina Survey, Abstract No.
688,City of Wylie,Collin County,Texas.
Mr. Claude Thompson, Planner provided Council with a brief background on the Final Plat and Alley waiver
request. Mr.Thompson stated that at the May l. 2001 Planning and Zoning Meeting,the Commission voted 6-0 to
approve the Final Plat.
Mr. Thompson stated that the Final Plat for Phase I of the Cimarron Estates Addition includes 54.336 acres and
will create 165 lots. The property is zoned Single-Family Residential —2 (SF-2), requiring a minimum lot size of
8,500 square feet. The Preliminary Plat for the overall Cimarron Estates Addition was approved by the City
Council in January of 2001. The subject Final Plat substantially conforms to the earlier approved Preliminary Plat.
Mr. Richard Host Tipton Engineering, was present representing the applicant to address any concerns of the
Council.
Mr. Thompson stated that staff is recommending approval of the Final Plat as submitted,including as conditions of
approval the waiver of alleys serving Lots 1 thru 8 of Block K. Lots 35 thru 42 of Block J and Lots 17 thru 42 of
Block F, and the provision by the developer of a wood screen fence along Brown and masonry columns and
wrought iron fencing at the cul-de-sacs abutting Anson.
Councilman Scott made a motion to approve the waiver of alleys and a Final Plat as submitted, for the Cimarron
Estates Phase I Addition, including variances to the requirements for alleys and thoroughfare screening, generally
north of Brown Street. east of Kreymer Lane and east of the Wylie Ranch East Phase I Addition, being all of a
certain 54.336 acre tract situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin
County, Texas, including as conditions of approval the waiver of alleys serving Lots 1 thru 8 of Block K, Lots 35
thru 42 of Block J and Lots 17 thru 42 of Block F, and the provision by the developer of a wood screen fence
along Brown and masonry columns and wrought iron fencing at the cul-de-sacs abutting Anson. Councilman
Worley seconded the motion. A vote was taken and the motion was approved,7-0.
Minutes of May12,2001
Wylie City Council
Page 5
Public Hearing
7. Hold a public hearing to consider and act upon approval of a request for a change in zoning from
Agriculture (A) District to Industrial (I) District, generally located north of West Kirby Street(FM
544) and west of Westgate Way, being a 3.66 acre tract situated in the E.C. Davisdon Survey,
Abstract No. 266,City of Wylie,Collin County,Texas. (Zoning Case 2001-04)
Mr. Claude Thompson was present to address this item providing Council with a brief background on the zoning
request. Mr. Thompson stated that at the May 1, 2001 meeting of the Planning and Zoning Commission, the
Commission voted 5-1 to approve the request.
Mr. Thompson stated that the applicant is requesting rezoning of the subject property in order to relocate his
business to the subject site. The applicant has stated that initially he will restore and utilize the existing house for
office uses and the barn for storage of equipment used in his business. He states that he intends ultimately to
construct a new office/warehouse on the property.
Mr. Thompson stated that the Future Land Use Plan of the Comprehensive Master Plan recommends Business
Center uses for the subject property. The Plan defines this new Business Center as accommodating"professional
office and clean manufacturing/assembly". The applicant intends to use the property for the central office of his
business, the nature of which takes his service to outlying work sites with little or no traffic to or from the office.
All equipment will be stored inside the renovated barn. The proposed use conforms to the recommendations of the
Comprehensive Plan.
Mr. Thompson stated that staff was also recommending approval as the proposal is consistent with the mixed-use
intent of the Business Center category of the Comprehensive Master Plan, as well as the existing industrial uses of
the adjacent properties.
The applicant, Mr. Joe Depsey, 2318 Flood Creek. Garland. Texas was present to address any concerns of the
Council. Mr. Depsey stated that they operate a restoration business and would like to move their national
headquarters to Wylie. He stated that they would like to restore and utilize the existing house and will refurbish
the existing barn for storage purposes. There was considerable discussion with regard to the requested zoning and
future development as well as the possibility of rezoning classification and outside storage uses.
The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of
the zoning request to please come forward. stating their name and address for the record and limiting their
comments to three minutes. With no response the Mayor then closed the public hearing.
Councilman Worley made a motion to approve the request for a change in zoning from Agriculture(A) District to
Industrial (I)District, generally located north of West Kirby Street (FM 544)and west of Westgate Way, being a
3.66 acre tract situated in the E.C. Davisdon Survey, Abstract No. 266, City of Wylie, Collin County, Texas.
(Zoning Case 2001-04). Councilman Scott seconded the motion. A vote was taken and the motion was approved,
4-3. Councilman Young, Councilman Trout and Mayor Mondy voting in opposition. Councilman Worley,
Councilman Scott, Councilwoman Allen and Cotmcilman Hogue voting in favor of the request.
.................................................................................................................................................................................................................................................
There were no citizens that came forward for participation.
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Approved Ordinance Captions Nos. 2001-23. 24 and 25 were read into the record by the City Secretary.
With no further business to come before Council, the meeting was adjourned at 8:53 p.m.
Minutes of May12,2001
Wylie City Council
Page 6
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Minutes of May S,2001
Wylie City Council
Page 7